New Delhi, Dec 6 (NationPress) The Supreme Court has decided to scrutinize a public interest litigation (PIL) that calls for the implementation of protections for members of the Internal Complaints Committee (ICC), established under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, within the private sector.

A panel comprising Justices Surya Kant and Ujja Bhuyan has issued a notice and requested responses from the Union Ministries of Women and Child Development and Corporate Affairs, along with the National Commission for Women.

According to the computerized case status, the hearing is provisionally scheduled for January 24, 2025.

The plea, submitted by advocate Munawwar Naseem, argues that while ICCs possess civil court-like powers, their members, similar to judges, lack essential safeguards that would allow them to operate without fear or bias.

"An irregular situation has emerged where ICC members are granted quasi-judicial authority without the necessary independence and protections. Given their employment context, ICC members might face dilemmas that could threaten their careers. Consequently, ICC members risk losing their positions in the private sector if their decisions are not favored by upper management. This creates a significant obstacle in effectively dealing with sexual harassment issues," the petition stated.

It further emphasized that, in contrast, government sector ICC members enjoy more job security, as their employment cannot be terminated without just cause, unlike their private sector counterparts. Moreover, in the private sector, ICC members can be dismissed with notice specified in their employment contracts (up to 3 months' pay) and can be terminated without any explanation from the employer. The petition highlighted that the lack of protection for women ICC members in private companies leads to an inequality compared to their public sector peers.

The petition calls for measures to safeguard the employment conditions of ICC members in the private sector, ensuring they have the same level of independence and protection as those in the public sector.